Terms of Services
By using services provided by PACEWALK, you hereby agree to Pacewalk’s Terms and Conditions.
1. Terms & Conditions
1.1 We are willing to provide Services to you in relation to a Project detailed in the relevant Pacewalk Proposal, Order Form, quote, document or e-mail from Pacewalk addressed to you, or invoice addressed to you i.e. Client Proposal
1.2 Once you confirm that you want us to go ahead with the Project in accordance with the terms set out in the Client Proposal, you agree that these terms and conditions, which incorporates the Client Proposal i.e. Agreement, will form a binding agreement between us (jointly, Parties, or in the singular, Party). This term of this Agreement will continue until the Parties have completed their obligations under this Agreement
1.3 In the event of any inconsistency between this Agreement and the Client Proposal, the terms of this Agreement will overcome to the extent of the inconsistency.
2. Services we offer
2.1 We agree to provide professional services with best quality.
2.2 Any changes to the Client Proposal after finalization will need to be discussed and agreed in writing (e-mail) by both Parties in good faith.
3. Client Obligations
3.1 We require you to provide us in a timely manner with accurate instructions in relation to the Project, supply us with the Client Materials and review our first draft work.
3.2 For this purpose of the Agreement, Client Materials means briefs, logos, brand guidelines, brand assets and any other related information, assets, data or other items requested by us for the Project.
4. Project Costs
4.1 In consideration for our Services on the Project, you agree to pay the services, fees and expenses set out in the Client Proposal (Project Costs) and any other expenses if any. We reserve our rights to increase or decrease the Projects Costs, where any details and particulars from the Client Proposal change.
4.2 In order for us to commence providing our Services to you in relation to the Project, you must pay a deposit.
4.3 Unless otherwise advised by us in writing, we will not commence providing our Services to you in relation to a Project until we receive the deposit/payment confirmation from you.
4.4 We will issue invoices to you for payments.
4.5 We reserve our right to cease undertaking the recording or storyboard stage of the Production Stages for the Project if the instalment payment referred to in clause
5. Payment Terms
5.1 For the Project, we will invoice you and you agree to pay for Project Costs. We reserve the right to invoice you at any time for all or part of the Project Costs where you fail or delay to provide us with instructions or other materials as required by us to complete the Project.
5.2 All amounts charged by us under the Agreement in connection with any Project shall be in the first instance, calculated exclusive of any GST.
6. Video Production Stages
6.1 You acknowledge that there are a number of stages involved in the production of videos (Production Stages) which we will undertake as part of the Project and providing the Services to you. You agree to comply with all of your obligations and deadlines during and relevant to the Production Stages, as instructed by us.
6.2 Unless otherwise agreed by us in writing, it is your sole responsibility to ensure that the appropriate talent release forms are obtained from any persons sourced by you to be filmed by us as part of the creation of any videos for a Project.
7. Revisions during Production Stages
7.1 You are able to request revisions for the Project and any Deliverables supplied by us during production Stage, where reasonably required subject to the following conditions:
1. Your request for a revision is made while we are working on the relevant Production Stage to which the revision relates;
2. You must review the revision and either accept the revision or ask for a further revision, within 24 hours or other timeframe with prior written agreement by the parties; and
3. The requested revision must not require more than 20% of the total time allocated to the relevant Production Stage to which the revision relates.
7.2 Changes for Wedding/Event invites
1. Only Text and Images will be changed in provided Samples.
2. No Video Frame will be moved or changed from its original position. If required, that will be chargeable.
3. No Colour will be changed.
4. Only provided images will be added you can’t change the images again & again.
5. Images will be added on the place of Caricatures.
6. Revisions after Project Completion
8.1 We are able to modify your company logo/branding, contact details or pre-selected music track for the Project at no cost within 1 month from completion of the Project, provided that your request for modification complies with the following conditions:
1. Changes must be generic to the video and not adapted for alternative uses;
2. Changes must not exceed 5% of the total original video editing work time;
3. Changes must be limited to editing and animation work, any changes which require re-recording, re-animating , additional stock images or voice recordings are not included;
4. Changes must be specific, explained clearly and unambiguously; and
5. Only one instance of reviewing a change you have requested under this clause will be provided, otherwise once the change you have directed has been made, the change is final and cannot be reviewed by you.
6. Use of final Project
9. Your use of the Final Deliverables is subject to the following restrictions:
1. Final Deliverables are only to be used on web, at corporate events and presentations, or privately;
2. Final Deliverables can be used on TV, or cinema.
3. Privacy & Confidential Information
10.2 Each Party agrees not to directly or indirectly use or disclose any Confidential Information belonging to the other Party without first obtaining the first Party’s prior written consent except to the extent that the disclosure is required by law or the disclosure is made to legal or accounting advisors.
10.3 The confidentiality obligations in this clause shall survive the expiry of this Agreement and shall continue to apply until all Confidential Information disclosed between the parties under this Agreement is in the public domain.
10.4 Subject to our obligations under this clause, while we will take reasonable steps to keep Client Materials in our possession secure, we accept no responsibility for the provision of Client Materials to us.
10.5 For the purpose of the Agreement: Confidential Information means all information belonging to or relating to a Party to this Agreement howsoever acquired, including without limitation trade secrets; Intellectual Property; Personal Information, know-how; business and financial data; and all other information obtained pursuant to this Agreement, that is by its nature confidential. Personal Information means personal information.
11. Cancellations and Terminations
11.1 As part of undertaking the Documentary Production Stages for a Project, we may need to organise and schedule a video shoot in consultation with you. As soon as the video shoot is scheduled, we commence taking steps to organise the conducting of the video shoot at the schedule time, and incur costs and expenses in doing so (Shoot Costs). Therefore, you agree that if you decide to cancel a scheduled shoot: a. Up to 7 days prior to the scheduled time, you will be required to pay 50% of the Shoot Costs; and b. Within 48 hours prior to the scheduled time; you will be required to pay 100% of the Shoot Costs.
11.2 In case of animated video project if you have decided to cancel to project you need to inform us within 24 hours of order placement. Otherwise You have to pay the 50% amount of the payment. Or we will Refund your payment with 50% deduction of the full paid amount.
12.1 During the Term and for a twelve-month period thereafter, you agree that you must not solicit, employ, or attempt to employ, directly or indirectly any of our employees or contractors (or any former employees or contractors whose employment or contract was terminated within the previous six months) unless you have obtained our prior written consent.
12.2 We will retain any raw video footage and other files and materials (Raw Materials) created for the Project for up to 3 months after the Production Stages conclude, following which we will have the right to delete or erase the Raw Materials. If you wish to purchase the Raw Materials prior to them being deleted or erased by us (this is not included as part of the Deliverables and Final Deliverables), please let us know and we will provide you with a quote.